This order is subject to further editing and
modification.The final version will
appear in the bound volume of the official reports.

No.05-02

In the matter of the Adoption of Voluntary Court Forms
Designed for Self-represented Litigants.

FILED

APR 15, 2005

Cornelia G. Clark

Clerk of Supreme Court

Madison, WI

On January 21, 2005, the Director of State Courts, on
the recommendation of the Records Management Committee, filed a petition asking
this court to amend Wis. Stat. §§ 758.18, 807.001, 971.025 and Supreme
Court Rule 70.153 relating to the adoption of voluntary court forms for use by
self-represented litigants.A public
hearing on the petition was conducted on April 13, 2005. At the ensuing open
administrative conference the court voted unanimously to adopt the petition,
effective the date of this order as follows:

Section 1.758.18 of the statutes is renumbered 758.18 (1) and amended to read:

758.18 (1) The judicial conference shall adopt
standard court forms for use by parties and court officials in all civil and
criminal actions and proceedings in the circuit court as provided in ss.
807.001 (1) and 971.025 (1).If an
applicable court form has been adopted under sub. (2), that form may be used in
lieu of the standard court form.

Section 2.758.18 (2) of the statutes is created to
read:

758.18 (2) At the request of the director of state
courts, the judicial conference may adopt
forms created for voluntary use by self-represented litigants in the circuit
court.The judicial conference shall
identify which forms are intended for voluntary use.

Section 3.807.001
(1) of the statutes is amended to read:

807.001 (1) In all civil actions and proceedings
in circuit court, the parties and court officials shall use the standard court
forms adopted by the judicial conference under s. 758.18 (1), commencing
the date on which the forms are adopted.If an applicable court form has been adopted under s. 758.18 (2),
that form may be used in lieu of the standard court form.

Section 4.807.001 (2) and (3) of the statutes are amended to read:

807.001 (2) A party or
court official may supplement a standard court form with additional
material.

(3) A court may not dismiss a case, refuse a
filing or strike a pleading for failure of a party to use a standard court form
under sub. (1) or to follow the format rules but shall require
the party to submit, within 10 days, a corrected form and may impose statutory
fees or costs or both.

Section 5.971.025
(1) of the statutes is amended to read:

971.025 (1) In all criminal actions and
proceedings and actions and proceedings under chapters 48 and 938 in circuit
court, the parties and court officials shall use the standard court forms
adopted by the judicial conference under s. 758.18 (1), commencing the
date on which the forms are adopted.If
an applicable court form has been adopted under s. 758.18 (2), that form may be
used in lieu of the standard court form.

Section 6.971.025 (2) and (3) of the statutes are amended to read:

971.025 (2) A party or court official may
supplement a standard court form with additional material.

(3) A court may not dismiss a case, refuse a
filing or strike a pleading for failure of a party to use a standard court form
under sub. (1) or to follow the format rules but shall require
the party to submit, within 10 days, a corrected form and may impose statutory
fees or costs or both.

Section 7.SCR 70.153(1) is amended to read:

SCR 70.153 (1) The standard court forms
that the judicial conference is required to adopt under s. 758.18,
stats.,of the statutes shall be developed by the records management
committee, an advisory committee to the director of state courts office.

Section 8.SCR 70.153 (2) is amended to read:

SCR 70.153 (2) Under article VIII of the bylaws of
the judicial conference, the judicial members of the records management
committee act on behalf of the judicial conference in the adoption of standard
court forms.

Section 9.SCR 70.153 (3) is amended to read:

SCR 70.153
(3) Each standard court form shall include a notice that the form
may be supplemented with additional material.

Section 10.SCR 70.153 (4) (a) is amended to read:

SCR 70.153
(4)(a) Upon adoption of a standard court form, the records
management committee shall distribute or make a copy of the form available to
the clerks of circuit court, the circuit court judges, the state bar of
Wisconsin and other appropriate persons who are required to use the
form.

Section 11.SCR 70.153 (4) (b) is amended to read:

SCR 70.153
(4)(b) Within 90 days after the date of distribution of a standard court
form adopted under par. (a)s. 758.18 (1), stats., an
interested person may file with the records management committee a written
objection to the mandatory use of the form, to the content of the form or to
both the use and the content.

Section 12.SCR 70.153 (5) is created to read:

SCR 70.153 (5) Any
voluntary form adopted under s. 758.18 (2), if properly completed, shall be
received for filing or other appropriate action by the circuit court. If a
clerk of circuit court distributes voluntary forms, the clerk shall use forms
adopted under s. 758.18 (2), stats., whenever they are available for that
purpose.

Section 13.The following comment to SCR 70.153 is adopted to read:

COMMENT

The amendments to SCR 70.153 made pursuant to this
order reflect the authority of the judicial conference, acting at the request
of the director of state courts, to adopt
forms created for voluntary use by self-represented litigants in the circuit
court as provided in s. 758.18 (2), stats.

IT IS ORDERED that notice of this amendment of Wis.
Stat. §§ 758.18, 807.001, 971.025 and SCR 70.153 be given by a single
publication of a copy of this order in the official state newspaper and in an
official publication of the State Bar of Wisconsin.